Common Domestic Violence Defenses

No one should have to experience domestic violence, and it is understandable that courts want to protect people from abuse and protect from perpetrators. While it is necessary for courts to do what they can to address this problem, domestic disputes are often not as clear-cut as we might wish. Sometimes, what looks like abuse at first glance is much more complicated. Sometimes, people make false accusations of abuse in order to try and gain a tactical advantage in a divorce or child custody hearing. That harms not only people who are falsely accused, but the credibility of real victims who are brave enough to come forward asking for help.

Why You Need a Strong Domestic Violence Defense

If you have been accused of domestic violence, regardless of the circumstances, it is important for you to have a strong defense. Whether you made a momentary mistake, or are the victim of a misunderstanding or false accusation, you need to protect your rights and your interests.

A finding that you committed abuse or intimate partner violence can affect your future in many ways. It may limit your access to your children, causing you to lose custody and possibly even the right to spend unsupervised time with your children. You may be compelled to move out of your home and be restricted from certain areas and even pay support.

If you are a gun owner, a finding that you committed domestic violence can take away your ability to own firearms. It can damage your reputation and impact your ability to work in certain jobs and fields. In the Maryland and Washington, DC area, many of our clients have security clearances that can be revoked if there has been a finding of violence by the court. And, of course, you could also face criminal charges and penalties.

If you are innocent of such allegations, you may believe that just telling the truth is enough to get you out of trouble. Unfortunately, sometimes it is not that simple. Your wisest course of action is to work with an experienced attorney who understands these matters and can help you understand the domestic violence defenses available to you.

Domestic Violence Defenses in Maryland

Depending upon your situation, your attorney may recommend one or more of the following domestic violence defenses to the accusations against you.

Self-Defense

This is one of the most common domestic violence defenses, for good reason. When you are being threatened with violence yourself, it is only natural to try to defend yourself. If you can demonstrate that you had reason to believe that you were at imminent risk of harm, and the threat was immediate and unavoidable (in other words, you couldn’t simply leave), you may be able to assert self-defense.

This type of situation often happens when a verbal argument escalates. For example, you and your partner might be yelling when that person becomes frustrated and angry, and begins hitting you. Naturally, you might try to push them away so they cannot continue, or push past them so that you can get away. After trying to protect yourself, your partner might then accuse you of domestic violence, when in reality, you were only trying to avoid violence.

However, if a judge finds that you used more force than was reasonably necessary to protect yourself or get away, a court might find that you were, in fact, at fault.

Defense of Others

Like self-defense, the defense of others can be claimed as a defense to allegations of domestic violence. If you were protecting another person, such as a child, from the alleged victim. As with a claim of self-defense, you must be able to show that you had a reasonable belief that the person you were trying to protect was in imminent danger, and that you did not use more force than was reasonably necessary in their defense.

Lack of Proof

Much of the time, the events that lead to an allegation of domestic violence happen when there is no one else around—only the accuser and the accused know what actually occurred. That means your court case can become a “he said/she said” situation (assuming the parties are of opposite sexes). In other words, it’s the word of one person against another. If there is not enough evidence to show that you assaulted your partner, your attorney may be able to shield you from a finding of domestic violence.

False Allegations

While many allegations of domestic violence are at least rooted in fact, some allegations are exaggerated or even outright false. It’s more common for this to happen in the context of a family law case like a divorce or child custody matter, but sometimes one party uses a false allegation of domestic violence to begin the divorce and/or child custody process with a “perceived” advantage. The reason is unsurprising—if one spouse or partner is found to have abused the other, that negative finding can significantly impact their divorce or custody case.

In Maryland, there is a presumption that it is harmful to children to bear witness to domestic violence. Accordingly, a parent who is found to have committed domestic violence in front of their children is at risk not to be awarded sole legal custody, and often, not even awarded joint legal custody. Since a joint legal custody arrangement requires parents to interact and cooperate with one another, joint legal custody would regularly put a parent who has suffered abuse in constant contact with their abuser to discuss matters related to the children.

As a result, a parent who successfully persuades the court that the other parent has abused him or her in front of a child may be able to gain a tactical advantage in any child custody litigation. Unfortunately, there are people who will lie simply to gain an advantage in their custody matter – a practice that is certainly not in the best interest of the children.

In Maryland, a finding of domestic violence can also have an impact on the equitable distribution of property, which seeks to divide marital property in a way that is fair under all the circumstances. If one spouse is found to have been abusive, the other spouse could argue to receive a greater share of the marital property because the spouse being labeled as abusive was the cause of the couple’s estrangement. Such findings could also impact alimony awards.

Many people who claim abuse are telling the truth, at least as they understand it. But it is also undeniable that some people make false claims. It’s important to work with a lawyer who knows how to challenge those claims.

Work with an Experienced Family Law Attorney

If you have been accused of domestic violence, there is a lot on the line, especially if you are divorcing or share children with your accuser. An attorney who is experienced in family law and litigation is your best protection. To learn more about domestic violence defenses, or to discuss your concerns, contact Strickler, Platnick & Hatfield to schedule a consultation.